DISCLAIMING AN INHERITANCE

According to Turkish Civil Law the inheritance passes on the heirs ipso iure and universally [Turkish Civil Code (“TCC”) Art. 599]. The inheritance consists of rights and debts of the deceased. The heirs (statutory and/or appointed heirs) become the right holders and debtors without their will. By the death of the deceased, two separated assets that are general asset of an heir and special asset start existing together in the legal sphere of an heir. The special asset corresponds to the inheritance passed on which is subject to a special regime. Although the inheritance passes on the heirs, they shall not be forced to have rights or undertake obligations against their will. Therefore, under Turkish law, heirs are entitled to disclaim the inheritance under a certain period which is three months. In this article, the meaning of disclaiming an inheritance, the aim of the norm that regulates disclaiming , the conditions for disclaiming and the effects of disclaiming on the successors of the heirs, on the creditors of both heirs’ and the deceased, and lastly the situation of the legal transactions took place in the disclaiming period after an heir disclaims her/his inheritance will be examined.